EPIZYME Patents definition

EPIZYME Patents means EPIZYME Background Patents and EPIZYME Collaboration Patents.
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EPIZYME Patents means: (a) the patents and patent applications listed on Exhibit A; (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any patents or patent applications set forth on Exhibit A; (c) foreign counterparts of any of the foregoing in clause (a) or (b); and (d) Patents other than those included in the foregoing clauses (a) through (c) that are Controlled by EPIZYME as of the Prior Agreement Effective Date or at any time thereafter prior to the expiration of the Target Exclusivity Period and arise outside of the Collaboration, that claim or are directed to EPIZYME Know-How, but expressly excluding any Patent that claims or is directed to the composition of matter of any compound or molecule that is not a Compound directed to EZH2. For purposes of clarity, EPIZYME Patents include Diagnostic Patents Controlled by EPIZYME as of the Prior Agreement Effective Date or at any time thereafter prior to the expiration of the Target Exclusivity Period, but exclude Collaboration Patents owned by EPIZYME and EPIZYME’s interest in any Joint Patents.
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EPIZYME Patents means: (a) Patents that are Controlled by EPIZYME as of the Effective Date or during the Term that claim inventions discovered, developed, invented, conceived or reduced to practice outside of the Collaboration, that (i) Cover the composition of matter or method of use of any Licensed Compound or Licensed Product or (ii) are otherwise necessary to research, Develop, make, use, offer for sale, sell, import and otherwise Commercialize (but in the case of (ii), excluding such Patents that Cover technologies that are not applied to the applicable Licensed Product prior to the [**] anniversary of the Effective Date and are not included under clause (b) below) any Licensed Compound or Licensed Product; and (b) Patents other than those included in the foregoing clause (a) that are Controlled by EPIZYME during the [**] year period following the Effective Date that claim inventions discovered, developed, invented, conceived or reduced to practice outside of the Collaboration that are useful (but not necessary) to research, Develop, make, use, offer for sale, sell, import and otherwise Commercialize any Licensed Compound or Licensed Product, including Patents that claim formulation, delivery or manufacturing process improvements. For purposes of clarity, EPIZYME Patents exclude EPIZYME Diagnostic Patents, Collaboration Patents and EPIZYME’s interest in any Joint Patents.
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Examples of EPIZYME Patents in a sentence

  • If a Party elects not to defend or control the defense of the EPIZYME Patents, Collaboration Patents or Joint Patents, or otherwise fails to initiate and maintain the defense of any such claim, suit, or proceeding, then the other Party may conduct and control the defense of any such claim, suit, or proceeding at its own expense.

  • CELGENE shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement of CELGENE Patents, EPIZYME Patents and Joint Collaboration Patents in the CELGENE Territory, by counsel of its own choice, and EPIZYME shall have the right, at its own expense, to be represented in such action by counsel of its own choice.

  • The Parties shall cooperate with one another, through the Patent Committee and their respective Patent Liaisons, to file and prosecute the CELGENE Provided Compound Patents, CELGENE Collaboration Patents, EPIZYME Patents and Joint Collaboration Patents for which either Party is responsible for Prosecution and Maintenance pursuant to this Section 8.2, including in the furtherance of the Patent Strategy.

  • EPIZYME and EISAI shall discuss and seek to reach mutual agreement for which, if any, of the Patents within the EPIZYME Patents, Collaboration Patents, or Joint Patents the Parties shall apply to obtain patent term extensions, adjustments, restorations, or supplementary protection certificates under Law, based on the best commercial interests of the Licensed Products Covered by such Patents.

  • EPIZYME shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement of EPIZYME Patents, CELGENE Provided Compound Patents, CELGENE Collaboration Patents and Joint Collaboration Patents in the EPIZYME Territory, by counsel of its own choice, and CELGENE shall have the right, at its own expense, to be represented in such action by counsel of its own choice.

  • As between the Parties, EPIZYME shall have the primary right, but not the obligation, to institute, prosecute, control and settle any action or proceeding with respect to any Competitive Infringement of EPIZYME Patents in the Territory, by counsel of its own choice, and EISAI shall have the right, at its own expense, to be represented in such action by counsel of its own choice.

  • Each Party shall be responsible for all costs and expenses associated with its Prosecution and Maintenance activities under Section 8.2; provided that, EISAI will reimburse EPIZYME for all EISAI Territory-specific out-of-pocket costs and expenses reasonably incurred by EPIZYME for the Prosecution and Maintenance of EPIZYME Patents, Collaboration Patents and Joint Patents in the EISAI Territory pursuant to Section 8.2.1 within [**] days after receipt of any invoice from EPIZYME therefor.

  • In connection with the activities set forth in this Section 8.6, each Party shall consult with the other as to the strategy for the defense of the EPIZYME Patents, Collaboration Patents and Joint Patents.

  • The Parties shall cooperate with one another, through their respective Patent Liaisons, to file and prosecute the EPIZYME Patents, EPIZYME Diagnostic Patents, Collaboration Patents and Joint Patents for which either Party is responsible for Prosecution and Maintenance pursuant to this Section 8.2, including in the furtherance of the Patent Strategy.

  • Subject to Section 9.6, as between the Parties, EISAI shall have the primary right, but not the obligation, to institute, prosecute, control and settle any action or proceeding with respect to any Competitive Infringement of EPIZYME Patents, by counsel of its own choice, and EPIZYME shall have the right, at its own expense, to be represented in such action by counsel of its own choice.


More Definitions of EPIZYME Patents

EPIZYME Patents means: (a) the patents and patent applications listed on Exhibit B; (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any patents or patent applications set forth on Exhibit B; (c) foreign counterparts of any of the foregoing in clause (a) or (b); and (d) Patents other than those included in the foregoing clauses (a) through (c) that are Controlled by EPIZYME as of the Effective Date or thereafter during the Term and arise outside of the Collaboration, that claim or are directed to EPIZYME Know-How. For purposes of clarity, EPIZYME Patents include Diagnostic Patents Controlled by EPIZYME, but exclude Collaboration Patents owned by EPIZYME and EPIZYME’s interest in any Joint Patents.
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EPIZYME Patents means all of the Patents that (a) are Controlled by Epizyme or any of its Affiliates on the Effective Date or during the Term and (b) Covers subject matter that is reasonably necessary or useful (or, with respect to patent applications, would be reasonably necessary or useful if such patent applications were to issue as patents) for performing Research Activities or for the Development, Manufacture or Commercialization of a Compound, Product or a Diagnostic Product, but excluding any Joint Patents or any Patents solely to the extent Covering any active ingredient in a Product that is not a Compound.
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Related to EPIZYME Patents

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Existing Patents has the meaning set forth in Section 10.2.1.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.